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2000 033 Ordinance
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2000 033 Ordinance
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Last modified
11/19/2018 4:09:29 PM
Creation date
9/10/2018 6:39:14 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
033
Date
8/22/2000
Year
2000
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113 Theft and Fraud 545.04 <br />(c) A fuearm or dangerous ordnance as defined in Ohio R. C . 2923.11; <br />(d) A motor vehicle identification license plate as prescribed by Ohio R.C. 4503.22, <br />a temporary license placard or windshield sticker as prescribed by Ohio R.C. <br />4503.182, or any comparable license plate, placard or sticker as prescribed by the <br />applicable law of another state or the United States; <br />(e) ~A blank form for a certificate of title or a manufacturer's or importer's certificate <br />to a motor vehicle, as prescribed by Ohio R.C. 4505.07; <br />(f) A blank form for any license listed in Ohio R.C. 4507.01(A). <br />(ORC 2913.71) <br />545.04 DETENTION OF SHOPLIFTERS; RIGHTS OF MUSEUMS AND <br />LIBRARIES. <br />(a) A merchant, or his employee or agent, who has probable cause to believe that items <br />offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for <br />the purposes set forth in subsection (c) hereof, detain the person in a reasonable manner for a <br />reasonable length of time within the mercantile establishment or its immediate vicinity. <br />(b) Any officer, employee or agent of a library, museum or archival institution may, <br />for the purposes set forth in subsection (c) hereof or for the purpose of conducting a reasonable <br />investigation of a belief that the person has acted in a manner described in subsections (b)(1) and <br />(2) hereof, detain a person in a reasonable manner for a reasonable length of time within, or in the <br />immediate vicinity of the library, museum or archival institution, if the officer, employee or agent <br />has probable cause to believe that the person has either: <br />(1) Without privilege to do so, knowingly moved, defaced, damaged, <br />destroyed or otherwise improperly tampered with property owned by or <br />in the custody of the library, museum or archival institution; or <br />(2) With purpose to deprive the library, museum or archival institution of <br />property owned by it or in its custody, knowingly obtained or exerted <br />control over the property without the consent of the owner or person <br />authorized to give consent, beyond the scope of the express or implied <br />consent of the owner or person authorized to give consent, by deception, <br />or by threat. <br />(c) An officer, agent or employee of a library, museum or archival institution pursuant <br />to subsection (b) hereof or a merchant or his employee or agent pursuant to subsection (a) hereof <br />may detain another person for any of the following purposes: <br />(1) To recover the property that is the subject of the unlawful taking, criminal <br />mischief or theft; <br />(2) To cause an arrest to be made by a peace officer; <br />(3) To obtain a warrant of arrest. <br />(d) The officer, agent or employee of the library, museum or archival institution, or <br />the merchant or his employee or agent acting under subsection (a) or (b) hereof shall not search <br />the person, search or seize any property belonging to the person detained without the person's <br />consent, or use undue restraint upon the person detained. <br />(e) Any peace officer may arrest without a warrant any person that he has probable <br />cause to believe has committed any act described in subsection (b)(1) or (2) hereof or that he has <br />probable cause to believe has committed an unlawful taking in a mercantile establishment. An <br />arrest under this subsection shall be made within a reasonable tune after the commission of the act <br />or unlawful taking. <br />2000 Replacement <br />
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